HomeMy WebLinkAboutAppeal Fee Memo
MEMORANDUM
DATE: Nov. 7, 2013
TO: Board of County Commissioners
FROM: Nick Lelack, AICP, Director
MEETING: Nov. 13, 2013
RE: Appeal Fee Cap Legislative Work Group
The 2013 House Judiciary Committee conducted a public hearing and considered a bill, House Bill
(HB) 3087, to cap local appeal fees of Hearings Officer and/or Planning Commission decisions.
Deschutes County submitted the attached testimony and testified against the bill with the League
of Oregon Cities (LOC), the Association of Oregon Counties (AOC), and the City of Beaverton.
The Judiciary Committee did not take action on the bill, but established an interim work group to
attempt to address the issue. I have served on this work group. Committee staff continues to
explore a compromise, but no compromise has been reached yet.
The work group will provide an update to the Judiciary Committee on Friday, Nov. 22.
Currently, Deschutes County’s appeal fees are:
1. Administrative (staff) Decision: $250 (set by state law in the 1990s)
2. Hearings Officer Decision: $2,640 plus 20% of the original application fee. A 75% refund is
provided if the Board decides not to hear the appeal.
Over the past 10 years, approximately 91 land use decisions have been appealed – about half
Administrative and half Hearings Officer decisions.
Staff recommends resubmitting the attached testimony with a Nov. 22 date, and exploring a couple
of potential compromises with the Board that might be proposed to the work group and Judiciary
Committee.
Staff recommends any compromise be an amount that:
Fully covers the Hearings Officer appeal fee costs;
Increases the State cap on Administrative appeals of $250;
Fees increase annually by CPI or some other formula; and,
Supported by LOC and AOC.
Staff will present a couple of options at the work session.